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2023 SESSION
HB 1755 Property; directs the court to consider certain factors when it orders a partition.
Introduced by: Jeffrey Campbell-Resigned 7/14 | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Partition of property. Directs the court to consider certain factors when it orders a partition in kind, including (i) evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or predecessors in possession of the property who are or were related to the party; (ii) a party's sentimental attachment to any portion of the property, including any attachment arising because such portion of the property has ancestral or other unique or special value to the party; (iii) the lawful use being made of any portion of the property by a party and the degree to which the party would be harmed if the party could not continue the same use of such portion of the property; and (iv) the degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property. The bill also provides that counsel for a party to a partition action may serve as a commissioner unless there is an objection by another party; current law requires commissioners to be disinterested and impartial and not a party to or participant in the partition action. This bill is a recommendation of the Boyd-Graves Conference.
FULL TEXT
- 01/10/23 House: Prefiled and ordered printed; offered 01/11/23 23100415D pdf
- 02/20/23 House: Bill text as passed House and Senate (HB1755ER) pdf
- 03/23/23 Governor: Acts of Assembly Chapter text (CHAP0333) pdf
HISTORY
- 01/10/23 House: Prefiled and ordered printed; offered 01/11/23 23100415D
- 01/10/23 House: Referred to Committee for Courts of Justice
- 01/19/23 House: Assigned Courts sub: Subcommittee #2
- 01/23/23 House: Subcommittee recommends reporting (8-Y 0-N)
- 01/27/23 House: Reported from Courts of Justice (20-Y 0-N)
- 01/31/23 House: Read first time
- 02/01/23 House: Read second time and engrossed
- 02/02/23 House: Read third time and passed House BLOCK VOTE (100-Y 0-N)
- 02/02/23 House: VOTE: Block Vote Passage (100-Y 0-N)
- 02/03/23 Senate: Constitutional reading dispensed
- 02/03/23 Senate: Referred to Committee on the Judiciary
- 02/13/23 Senate: Reported from Judiciary (15-Y 0-N)
- 02/14/23 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/15/23 Senate: Read third time
- 02/15/23 Senate: Passed Senate (40-Y 0-N)
- 02/20/23 House: Enrolled
- 02/20/23 House: Bill text as passed House and Senate (HB1755ER)
- 02/20/23 House: Signed by Speaker
- 02/21/23 Senate: Signed by President
- 03/02/23 House: Enrolled Bill communicated to Governor on March 2, 2023
- 03/02/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/23/23 Governor: Approved by Governor-Chapter 333 (effective 7/1/23)
- 03/23/23 Governor: Acts of Assembly Chapter text (CHAP0333)